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Can we really be so lucky? Marita thinks so. Read below to find out what Marita thinks.

Greetings!

Several weeks ago, a federal judge overturned the Obama administration’s 2014 listing of the lesser prairie chicken (LPC) as a threatened species. At the time, I thought about writing on it, even assumed it would be my column for that week. But, another news story caught my attention—and not that many average citizens really care about the LPC anyway. With every week that passed, other stories took precedence and the LPC became a stale topic.

However, this week, I’ve connected some dots—as I like to do— with the LPC decision to create: Rolling back the tide of big government overreach (attached and pasted-in-below).

Back in August, I wrote on WOTUS. Since then, including the LPC and WOTUS decision, there have been five distinct victories for responsible land use. While it does make for a long column, I address them all in Rolling back the tide of big government overreach. The other three are the hydraulic fracturing rule, the sage grouse, and the wolf reintroduction.

I am writing this introduction from the Annual Meeting of the New Mexico Oil and Gas Association where I have been able to share this good news with many of the attendees. When you string these five stories together, as I have done, it does offer encouragement.

Please post, pass on and/or personally enjoy Rolling back the tide of big government overreach.

The reason most often cited for the success of the nonpolitical candidates is the frustration with Washington; the sense that the system is broken. Voters feel that we have no control and that government has gone wild. Even people who don’t watch the news or closely follow politics are aware of the “overreach.” It seems that, perhaps, the messages the outsiders have been heralding on the trail has caught on.

Washington’s overreach has been rolled back—by courts and commissioners and, even, in response, the government itself. In little more than 30 days, there have been five distinct cases that you may have missed—each, a victory for responsible land use.

WOTUS

First was WOTUS, or the Waters of the U.S. rule—which was scheduled for full implementation on, Friday, August 28. WOTUS attempted to greatly expand the federal government’s authority over water and land and could apply to ditches, streams, wetlands and small isolated bodies of water. Late on Thursday, August 27, U.S. District Judge Ralph Erickson issued a temporary injunction sought by North Dakota and 12 other states. In his decision, Erickson wrote: “Once the rule takes effect, the states will lose their sovereignty over interstate waters that will then be subject to the scope of the Clean Water Act.” Calling the rule “arbitrary and capricious,” he declared that the EPA “violated its congressional grant of authority in its promulgation of the rule.”

Undaunted, the Environmental Protection Agency (EPA) pushed back, stating that the rule only applied to the thirteen states that requested the injunction. For the remaining 37 states, the EPA is enforcing the regulation as planned. At least 10 lawsuits—including 29 states and 14 agricultural and industry organizations—have been filed in federal district court challenging the rule.

Constitutional and environmental law professor, Jonathan H. Adler, addressed WOTUS in the Washington Post, saying: “As a general matter (and as the Supreme Court has recognized) land-use control is generally beyond the scope of federal power. In this case, the district court concluded that the states were likely to succeed on the merits as the EPA had adopted an ‘exceptionally expansive’ view of its own jurisdiction under the CWA.”

Perhaps, as you’ll see, if the WOTUS deadline was a month later, the EPA may not have been so bold in its assertion that it would continue to enforce the rule. But, then again, this is the Obama EPA.

Lesser Prairie Chicken

Once again, a federal agency has been acting “arbitrarily and capriciously.” This time, it is the U.S. Fish and Wildlife Service (FWS). On September 2, U.S. District Judge Robert A. Junell overturned the Obama administration’s 2014 listing of the lesser prairie chicken (LPC) as a threatened species, which gave the bird protection under the Endangered Species Act (ESA) and limited land use in five states.

Citing the “more than 180 oil and gas, pipeline, electric transmission and wind energy companies” that had enrolled in voluntary conservation plans, The Permian Basin Petroleum Association challenged the listing, as soon as it was finalized.

The FWS is required to consider the conservation plans. The court determined that FWS “did not properly consider active conservation efforts for the bird when listing it.” Junell wrote: “The Court finds FWS did conduct an analysis, however this analysis was neither ‘rigorous’ nor valid as FWS failed to consider important questions and material information necessary to make a proper evaluation.”

Addressing the LPC decision, The National Law Review, states: the “ruling raises important questions about the upcoming Service decision whether to list the greater sage-grouse under the ESA. A sage-grouse decision was due on September 30.

Representative Rob Bishop (R-UT), Chairman of the House Natural Resources Committee, sees that the FWS “has been illegally steam rolling states by their own secret rules.” He added: “The Obama administration has been merciless in its quest to list species—even when the science says otherwise.”

Hydraulic Fracturing Rule

On September 30, another federal district court judge smacked down another federal agency—this time the Interior Department’s Bureau of Land Management (BLM), which, in March, issued federal fracking rules designed to spur states to follow suit (most energy-producing states already regulate fracking). BloombergBusinessstates: “There are more than 100,000 wells on federal land making up 11 percent of the nation’s natural gas production and five percent of its oil.” The rule, if implemented and adopted by states, as hoped for by the administration, would magnify the impact, “potentially slowing development of oil and natural gas resources”—which is likely the goal. As a result, BloombergBusiness adds, producers “would have faced higher costs at a time when profits already are strangled by low crude prices.”

In his 54-page decision, Wyoming’s U.S. District Judge Scott Skavdahl wrote: “Congress has not authorized or delegated the BLM authority to regulate hydraulic fracturing and, under our constitutional structure, it is only through congressional action that the BLM can acquire this authority.” He issued a preliminary injunction barring implementation of the rules, “finding that those suing had a good chance of winning their case and getting a permanent order barring enforcement.”

Different from the EPA’s arrogant decision to move forward with implementing WOTUS, a BLM spokeswoman, according to the Wall Street Journal, said: “While the matter is being resolved, the BLM will follow the Court’s order and will continue to process applications for permit to drill and inspect wells sites under its pre-existing regulations.”

Kathleen Sgamma, vice president of government and public affairs at Western Energy Alliance, a party to the lawsuit against the government, is overjoyed to finally be “getting relief from the courts regarding the regulatory overreach of the Obama administration.” She added: “We hope the BLM, EPA and other agencies that are rushing to implement even more regulations on the very businesses that create jobs will pause and actually follow the law and regulatory procedure.”

“The case will proceed to a final resolution,” BloombergBusiness reports, “probably early next year.”

Wolf Reintroduction

Ranchers in and around New Mexico’s Gila Forest have been fighting the federal government’s plan to release “another dozen or so Mexican grey wolves.” Already, in the region, wolves since their introduction in 1998 have killed livestock, and children waiting for the school bus often do so in cages for protection. I’ve written on the sad tale several times.

On September 29, in a 7-0 vote, concerned about the impact to ranchers and elk hunters, the New Mexico Game Commission upheld an earlier decision denying the FWS permits to release Mexican wolves into federal land in southwestern New Mexico.

“Federal policy requires FWS to consult state agencies and comply with their permitting processes when releasing endangered animals from captivity,” Science Magazinereports, “even when releases are made on federal land.”

In June, according the Santa Fe New Mexican, “New Mexico Game and Fish Department Director Alexandra Sandoval rejected a federal permit for the Mexican wolf program because she said the FWS lacked a detailed plan to release up to ten captive wolves in the Gila National Forest, leaving her without enough information on what effects the predators would have on deer and elk populations.”

In response to the decision, Game Commissioner Elizabeth Ryan of Roswell, NM, said she and her colleagues could only overturn the director’s decision on the wolf permit if they found it “arbitrary and capricious.”

Sage Grouse

This string of recent decisions may have been noticed by the Obama administration. On September 22, after years of debate, and after the LPC listing was overturned, Department of Interior (DOI) Secretary Sally Jewell announced that the sage grouse would not be listed under ESA. The Washington Postreports that “the chicken-like grouse does not meet the required standard because a collaboration of federal agencies, states, ranchers, industry and environmental groups has already begun to restore areas where it breeds.” “According to state fish and game agencies,” Kent Holsinger, a Colorado attorney specializing in lands, wildlife and water law, told me: “sage grouse populations have risen 63 percent over the past two springs.”

An ESA listing would “significantly limit future development.”

The ESA, Brian Seasholes, director of the endangered species program at the Reason Foundation, states: “has a well-deserved reputation for putting severe restrictions on otherwise normal and legal forms of land and resource use, such as farming and energy development.” In an op-ed in The Hill, he adds: “When a species is listed under ESA, landowners can face steep fines, penalties and land use controls that can devalue their property.”

While environmental groups see the decision as a victory for “industry and its supporters,” others, such as Utah Governor Gary Herbert—who estimated Utah would lose more than $40 billion in economic production from oil and gas if the sage grouse were listed—are still not happy.

Rather than listing the sage grouse—which would likely be overturned in court—the DOI’s BLM has released a plan to implement more than 90 land use strategies. Herbert sees that the federal government rejected the successful sage-grouse conservation plan and says the land use plans that govern use of over 60 million acres of federal land “constitute the equivalent of a listing decision outside the normal process.” He calls the plans “a significant overreach by the federal government.” Bishop agrees: “Do not be fooled. The announcement not to list the sage-grouse is a cynical ploy… With the stroke of a pen, the Obama Administration’s oppressive land management plan is the same as a listing.” The land-use restrictions have been decried as “every bit as rigid as could be expected under ESA.”

While “the West’s sage-grouse worries are far from over,” I see that, when combined with the aforementioned stories, the unwarranted decision is still welcome news. Land-use plans will be easier to revise under a new administration than removing an ESA listing. But, more importantly, I view it as a recognition that big government overreach has reached its limits.

The good news about having so many reform-minded outsiders running for president is that they are like a band of crusaders spreading the message of big government overreach far and wide. That message is, apparently, being heard. Voters are, hopefully, ready for responsible land use. The tide is being rolled back.

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In a recent Republican party debate for a spot on the next Republican presidential ticket, Carly Fiorina came out with serious accusations about Planned Parenthood, abortion and the harvesting of brain tissue from a still living fetus. The main-scream media jumped on her statements and sought to disprove them. But, video was discovered which shows something very close to what Ms. Fiorina discussed during the debate. While the jury may be out on all of her allegations, there remains enough evidence of horrific attitudes and actions to the extent that every one who purports to respect and glorify life should be deeply concerned.

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Last week, I was called to Washington, DC, to support Congress’ efforts to lift the oil export ban—known as HR 702. I am pleased to report a victory—albeit, just the first in a long process. The House Energy and Commerce Committee advanced the bill with bipartisan support. Along with all the Republicans voting, three Democrat Representatives voted for the bill and four or five others indicated that they were open to the idea and might vote “yes” on the floor. The floor vote could happen as early as next week, though every representative with whom I met preferred a later October date that would remove it from the noise surrounding the Pope’s visit (likely my topic for next week) and the CR debate.

Despite the President’s announcement indicating that he doesn’t support the bill (and, therefore, would likely veto it), folks with whom I was working do see a path to victory in the Senate. But, as a part of the horse trading that goes on, that path will likely include a debate/discussion about renewing tax credits for renewable energy—which is the topic of my column for this week: Not all energy is created equal (attached and pasted-in-below). The wind PTC is a big issue as it is already expired and proponents are aggressively working to get it retroactively extended, because, as my column points out, the industry cannot achieve the projected growth needed to meet Obama’s Clean Power Plan goals without it.

My 48-hours in DC was very productive. I met with many allies who are also working to advance energy policy that embraces the free-market and limited-government perspective that undergirds most everything I write. Please post, pass on, and/or personally enjoy Not all energy is created equal.

Congress has taken action that actually advances free markets and limits government intrusion. I was in the room when, on September 17, the House Energy and Commerce Committee—with bipartisan support—advanced legislation to lift the 1970s-era ban on crude-oil exports. HR 702, “To adapt to changing crude oil market conditions,” is expected to receive a full floor vote within a matter of weeks.

The export ban is a relic of a bygone era during which ideas like “peak oil” and “energy scarcity” were the conventional wisdom. Despite all those who cried “wolf,” the U.S. is now the world’s largest combined oil-and-gas producer.

Ending this obsolete ban would unleash America’s energy producers on the global market, increasing domestic production and creating jobs. Additionally, reports from experts at the non-partisan Energy Information Administration and Government Accountability Office, plus consultants at IHS, indicate that it will also lower prices at the pump.

Like everything that seems to happen in Washington, DC, these days, this initial victory may have a price tag that prevents its final passage.

Getting the Democrats on board with removing the barrier to exporting America’s abundance may likely require giving them something they want.Morning Consult recently reported: “Momentum is building in Congress to repeal the antiquated ban on exporting crude oil. Lawmakers and energy industry representatives are talking about other energy policies that could be swapped or combined to achieve that objective. Renewable energy tax credits are part of the equation.”

Those “renewable energy tax credits” are mainly two: the wind Production Tax Credit (PTC) and solar Investment Tax Credit (ITC). Like the oil-export ban, the wind PTC is an archaic policy that has no place in today’s modern reality of energy abundance.

Passed by Congress in 1992, the PTC pays the wind industry for every kilowatt-hour of electricity generated over a ten-year period. No other mature energy source—natural gas, oil, or coal—can claim a similar carve out based on how much product they sell. The subsidy is so lavish that wind developers can sometimes sell their electricity at a loss and still profit. The New York Times has described this as wind’s “cannibal behavior” on the power grid.

The PTC costs taxpayers like you and me billions of dollars each year. Americans pay for wind twice: first in their federal tax bills, then in their local utility bills. According to a new study, commissioned by the Institute for Energy Research, electricity generated from new wind facilities is between three and four times as expensive as that from existing coal and nuclear power plants,.

The Senate Finance Committee claims a two-year extension would cost $10 billion over the next decade. After decades of subsidies and multiple PTC extensions, wind still generates less than 5 percent of our electricity.

Congressman Mike Pompeo (R-KS), who has long opposed the PTC extension, told me: “With a skyrocketing $16 trillion debt and an industry that is more than capable of standing on its own, there is no reason why the federal government should continue to subsidize the wind energy industry. Proponents of the Wind PTC continue to call for an extension—for the umpteenth time. This handout costs taxpayers billions and has caused significant price distortions in wholesale electricity markets that translate into real costs for everyday consumers. If we want a robust economy, it’s time to stop picking winners and losers in the energy marketplace and finally end the wind PTC. After two decades of pork, the wind looters need to stand on their own two feet. Most of the people in the wind industry I talk to know this, and I am confident that those individuals and others in the energy industry will enjoy many marketplace successes once we put a stop to the purely political policies that we have seen to date.”

Despite the mountain of evidence against wind subsidies—including increasing reports of health issues and concerns over bird kills—this summer, before the August recess, the Senate Finance Committee rushed through a package of expired tax provisions, including the wind PTC. Now, wind lobbyists are looking for a legislative “vehicle” to latch on to, preferably one with bipartisan support, to push through another PTC extension without a fair hearing, which is exactly why they’re eyeing the oil-export bill.

According to The Hill, Senator Ed Markey (D-MA) said he could consider lifting the ban “only if it’s tied to a permanent extension of the wind and solar tax credits.”

Swapping the PTC for oil exports is a bad deal, as lifting the ban deserves to pass in its own right. But what many don’t realize is that trading the PTC for oil exports is also a Faustian bargain that furthers President Obama’s destructive climate-change agenda.

The PTC and the president’s climate agenda are related because Obama’s sweeping new carbon regulations, known as the “Clean Power Plan”—finalized in August—require states to drastically cut carbon dioxide emissions. It does this by shuttering low-cost coal plants and building new wind and solar facilities. The problem: wind and solar are uneconomic without massive taxpayer handouts like the PTC and ITC and market-distorting mandates like state Renewable Portfolio Standards.

This scheme is the centerpiece of Obama’s climate legacy, which he hopes to cement in December at the United Nations climate conference in Paris.

These carbon regulations will inflict severe burdens on American families—especially the poorest among us who can least afford to pay higher energy prices. A recent study by the National Black Chamber of Commerce, for instance, found that Obama’s carbon rule would increase Black and Hispanic poverty by 23 and 26 percent, respectively. For all that pain, the regulations will, perhaps, reduce global temperature rise by 0.018 degrees Celsius in 2100—an undetectable amount.

Buried in hundreds of pages of “analysis,” the Environmental Protection Agency projects the wind industry will add more than 13 GW of electrical capacity each year from 2024-2030. For context, 13 GW is exactly how much capacity wind added in 2012, a record year. It is also the year in which rent-seeking wind barons rushed to build as many new turbines as possible to quality for the PTC, which expired at the end of the year. The following year, after the PTC expired, wind additions collapsed by more than 90 percent—which highlights the fact that the wind industry cannot survive in a free market.

This makes the wind PTC vital to Obama’s carbon regulations. His plan depends on exponential wind growth, and the wind industry depends on government handouts like the PTC to avoid total collapse, let alone grow.

By not accepting a wind PTC tradeoff, Congress can deal a blow to corporate wind welfare and Obama’s carbon regulations in one shot. Congress must strip the PTC out of tax extenders and refuse to use wind subsidies as a bargaining chip. The two are totally unrelated. One is a liquid fuel used primarily for transportation. The other: a way to generate electricity, albeit inefficiently, ineffectively and uneconomically. One helps our trade deficit problem and increases revenues as FuelFixreports: “liberalizing crude trade spurs more domestic production, with a resulting boost in government revenue from the activity.” The other: a hidden tax that hurts all Americans.

By rejecting an extension of the wind PTC and lifting the ban on oil exports, Congress would end corporate welfare for wind lobbyists, deal a blow to Obama’s costly carbon regulations, and free America’s entrepreneurs to provide abundant, affordable, and reliable energy for all.

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Bill O’Reilly said this back in July of 2013. It has been reprised by CNS News and it seems as true today as it was in 2013. For those finding themselves insulted or inflamed due to O’Reilly’s opinion, unless you can find more valid reasons as cause for the sorry state some of our cities are in … just sit down and take a number, your turn, i.e., turn will come.

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For Republicans, the clown act Pelosi and some Democrat operatives are trying to perform, is more than a little bull butter. The fact there are more than two videos and a lot of narrative, shows the stupidity of lying liars, such as seen in the Gruber grab.